001 The Ground Water Quality Standards and Use Classification are the foundation for other ground water regulatory programs. These standards will be implemented in conjunction with other regulatory programs. If other regulatory programs do not exist, these standards alone may constitute the basis for remedial action of ground water contamination.
002 In determining regulatory requirements which may be placed on potential point sources, the Department will consider the ground water classification, vulnerability of the ground water to pollution, beneficial uses of ground water, characteristics of the potential point source, technical and socioeconomic factors, and other site-specific factors, as necessary. This determination will apply to all potential point sources for which the Department has regulatory authority. These regulatory requirements will not preempt more stringent restrictions required of sources and facilities covered by state or federal statutes and regulations.
003 The ground water standards and ground water classifications apply to all ground waters of the State with the following exceptions:
003.01 Within an aquifer or a part of an aquifer that has been exempted through the Rules and Regulations of the Nebraska Oil and Gas Conservation Commission or through NAC Title 122 - Rules and Regulations for Underground Injection and Mineral Production Wells. This exception will apply only for ground water contaminants directly related to aquifer exemption. If the exemption designation is removed, this exception will no longer apply.004 The numerical standards of Chapter 3 are intended to be applied in regulatory programs administered by the Department. This does not imply that all ground waters in the State will be expected to meet these levels. When point source ground water pollution has occurred, the numerical standards are to be applied according to Chapter 6.
005 The numerical standards of Chapter 3 apply to all ground water classes except as provided below:
005.01 The numerical standards of Chapter 3 will not apply to ground waters classified as GC unless any of the following situations occur:
005.01A If a condition exists which has impaired or will impair, in the Department's judgment, beneficial uses other than drinking water.005.02 The numerical standards of Chapter 3 will not apply within a discrete boundary for the pollutants under consideration, as may be determined under the remedial action provisions of Chapter 6 in the event of pollution.
005.01B If public health or welfare are threatened.
005.01C If considered necessary by the Department to protect hydrologically connected ground waters, surface water beneficial uses (as assigned in Title 117 - Nebraska Surface Water Quality Standards), or surface waters defined by the Department through the Nebraska Wellhead Protection Program as contiguous with a wellhead protection area.
Enabling Legislation: Neb. Rev. Stat. § 81-1505(1)(2)